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corporation subject to his supervision, who shall examine into and report, as hereinafter provided, upon the affairs of all banks and other institutions specified in this act, doing business in this state, except those that are organized and carrying on business under the banking acts of the national government. The commissioner of banking may designate and appoint three assistant commissioners of banking, who shall have the same qualifications as the commissioner and who shall assist the commissioner of banking, and under his directions and authority may perform any or all of the duties, and exercise any or all of the powers by this act required of, or vested in, the commissioner of banking, and who may be removed by the commissioner of banking. The assistant commissioners of banking shall take the oath as is hereinafter required of the commissioner of banking. (Code 1916, c. 54.)
$ 21. Same: term; oath.—The commissioner of banking shall hold his office for a term of four years unless sooner removed by the governor, or until his successor is appointed and qualified, and before entering upon the discharge of his duty, he shall take and subscribe, before some person competent to administer the same, an oath to support the constitution of the United States, and the constitution of the state of West Virginia, and to faithfully and honestly examine into the affairs of all the banks and other institutions subject to supervision under this chapter, incorporated by and doing business in this state, and to perform all of the duties prescribed for such services under this act; and said oath shall be filed and preserved in the office of the secretary of state. (Code 1916, c. 54.)
$ 22. Same: office; records.—Said commissioner of banking shall maintain an office in the state capitol. In such office he shall prepare and keep a complete record of the financial condition of all the banks and other institutions subject to his supervision, as may appear in his reports. (Code 1916, c. 54.)
$ 23. Examination of banks: duties of commissioner; false report; bribery.-At least twice in each twelve months the said commissioner, or an assistant commissioner, shall personally make a thorough and complete examination of the condition and affairs of each of said banks and other institutions subject to his supervision. He shall ascertain whether the officers and directors
thereof have properly taken the oath prescribed by law as such, and whether or not the said officers have executed proper and legal bonds in sufficient amount and with ample security. He shall examine and ascertain whether the books of said institution ate properly kept, and he shall ascertain carefully and fully the assets and liabilities of each and all of said banks and other institutions, and whether such assets are solvent and good or otherwise, and whether all the laws of this state pertaining to banks and banking are carefully observed. The commissioner of banking or his assistant shall examine each and every bank in the hands of a receiver at least once in each six months, until its affairs shall be wound up, and shall file a copy of each of said examinations with the clerk of the circuit court of the county where such bank is located. Receivers of all insolvent banks shall make reports to the commissioner of banking in the same manner as required of other banks, and shall cause statements to be published in like manner. Any receiver of any insolvent bank who shall fail to comply with the provisions of this section, or who shall neglect or refuse to submit the affairs of such bank to an examination by the commissioner of banking or his assistant, or who shall violate any of the provisions of this act relating to the examination of banks, shall be subject to the same penalties provided for officers or employees of banks.
Any commissioner or assistant commissioner acting under this section, in making the examination into all the books, papers, notes, bills, securities, moneys and affairs of any bank or other institutions in this state subject to his supervision, such examination shall be in the presence of at least two members of the board of directors of any such bank or institution, and it shall be the duty of the commissioner or assistant commissioner to state in his report herein refered to the names of the directors in whose presence the examination is made, and in making such examination the commissioner or assistant commissioner shall have the power to administer oaths and affirmations, and to examine on oath or affirmation the officers, agents and clerks of any such bank or other such institution, touching the matter which the said commissioner or assistant commissioner may be authorized and directed to inquire into and examine, and to summon, and by attachment compel the attendance of any person or persons in this state to testify under oath before him in relation to the affairs of any such bank or other such institution. The commissioner or assistant commissioner making such examination shall make a full and detailed report of the condition of such bank or other institution to the state banking department of this state as soon as possible after completing the examination.
Any such commissioner or assistant commissioner who shall knowingly and wilfully make any false or fraudulent report of any bank or other institution which shall have been examined by him with the intent to aid or abet the officers, owners or agents of such bank or other institution in continuing to operate an insolvent bank, or who shall receive or accept any bribe or gratuity, directly or indirectly, for the purpose of inducing him not to file any report of an examination of any bank or other such institution made by him; or who shall neglect or omit to make an examination of any bank or other such institution by reason of having received or accepted, or being offered any bribe or gratuity, directly or indirectly, shall be deemed guilty of a felony, and upon conviction thereof shall be imprisoned in the peniten. tiary for not less than two, nor more than ten years. (Acts 1917, c. 21.)
§ 24. Same: duties of bank officials. For the purpose of making said examinations, as above required, the officers of said banks, and other institutions, shall, upon his demand, furnish and give full access to said commissioner for such examination, all the books, papers, notes, bills and other evidences of debts due said bank or other institution, and shall disclose fully and truly all the institution's indebtedness and liability, and shall furnish him with all necessary clerical aid and assistance. And said commissioner shall have a right to administer to and examine under oath any and all of said bank officers touching any matter or things pertaining to said examination, and the affairs and conditions of said institution. Any officer failing or refusing to furnish said commissioner with any such papers or information, or who shall fail to do or perform any of the other duties or requirements of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars, and may at the discretion of the court, be imprisoned in the county jail not less than three months nor more than one year. And it shall be the duty of said commissioner to report at once to the prosecuting attorney of the county in which the bank is situated, any such violation on the part of any such bank officer. (Code 1916, c. 54.)
§ 25. Same: correction of irregularities or bad conditions. If upon making his examination of any bank, or other institution, the commissioner should discover that the banking laws of the state are not being fully observed, or that any irregularities are being practiced, he shall at once call the attention of the officers and directors of the bank or other institution to the fact and demand that the same be promptly corrected; it shall also be his duty to demand a sworn statement from the officers of said bank or other institutions, covering all the points of controversy, to be mailed to him at his office once every thirty days (not for publication but for his own information and guidance), until he is satisfied that the irregularities have been corrected; said examination to be paid for by the bank or other institution the same as regular examinations. The said commissioner shall also have authority to call for special reports and make special examinations of any bank or other institution which he may have good reason for believing is not properly conducted. If any examination made by the commissioner, under the provisions of this section, discloses assets the validity of which, in the judgment of the commissioner, is questionable, or shall disclose over-due assets, the commissioner shall order that such questionable assets be charged off the books of the bank as part of the assets thereof within a period of three months from the giving of notice by the commissioner to such bank, and legal proceedings for the collection of such over-due assets be forthwith instituted. (Code 1916, c. 54.)
$26. Insolvent banking institution; control by commissioner; liquidation; receiver; suits. If any such institution shall neglect or refuse for a period of sixty days to make special reports to the commissioner, as he may demand, or shall fail, neglect or refuse to comply with the provisions of the next preceding section, or if at any time the commissioner shall find a bank or other institution subject to his supervision in an insolvent condition, or if such institution shall neglect or refuse to correct any irregularities or violation of this act which he may call to the attention of the president, cashier or board of directors, he shall have authority to take charge of such institution and shall report at once such insolvency, irregularity, or violation to the governor, and shall have the power, with the consent of the governor, to appoint a competent person as receiver of such institution; such receiver, under the direction of the commissioner of banking, shall take possession of the books, moneys, records and assets of every description of such institution, and collect all debts, dues and claims belonging to it, and upon the order of a court of competent jurisdiction, or the commissioner of banking, may sell or compound all bad or doubtful debts, and on like orders may sell all its real and personal property on such terms as the court or commissioner of banking may direct, and if necessary to pay its debts, the commissioner of banking may enforce the individual liabilities of its stockholders. A suit for such purpose may be instituted against resident stockholders, either in the name of such receiver or the commissioner of banking, in the circuit court of the county in which its banking house or office is located, and as to non-resident stockholders the suit may be brought in any county of any state where such stockholder resides or where service of process may be had on such stockholders; provided, however, that before any such receiver shall take charge of any moneys or assets of any such institution he shall give bond in such penalty as the governor shall prescribe, with sureties to be approved by the governor, conditioned for the faithful discharge of his duties as such receiver and the paying over as required by law or directed by order of court, or the commissioner of banking, of all moneys and assets which shall come into his hands as such receiver; such bond shall be made payable to the state of West Virginia, and shall be filed in the office of the commissioner of banking, and suits or actions thereon may be brought by any person injured by reason of any breach of its condition, but all suits and actions against such receiver shall be brought in the state and county where the banking house is located. The commissioner of banking shall have concurrent jurisdiction with the circuit court of the county in which the bank is situated to appoint a receiver for any bank for any of the causes specified in this or in the next preceding section, but no receiver shall be appointed by any such court unless the commissioner of banking neglects, fails or refuses to act. All expenses on account of any receivership shall be paid out of the assets of such association before distribution of the proceeds thereof by and on order of the commissioner of banking; and such receiver may, upon the order of the commissioner of banking, make a ratable dividend of the money in his hands on all such claims as may have been proved to his satisfaction or adjudicated in a court of competent jurisdiction, and as the pro